Whereas, pursuant to section 32.01 of the Railway Safety Act, if the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company require the company to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order;
Whereas ministerial orders 21-07.3 and 21-09.2, issued pursuant to section 32.01 of the Railway Safety Act, included requirements related to verifying proof of vaccination for passengers and employees;
Whereas, across Canada, all levels of government are proceeding to reduce measures that were implemented to mitigate the effects and transmission of COVID-19;
And whereas, pursuant to section 45 of the Railway Safety Act, the Minister of Transport has, in writing, authorized the Director General, Rail Safety to make an order under sections 32.01 and 36 of that Act.
Therefore, I, Michael DeJong, Director General, Rail Safety, consider it necessary in the interest of safe railway operations to make this order under sections 32.01 and 36 of the Railway Safety Act repealing Ministerial Orders 21-07.3 and 21-09.2 effective 00:00:01 Eastern daylight time on June 20, 2022.
Pursuant to subsection 32.1(1) of the Rail Safety Act (RSA), a person to whom an order is sent under section 32.01 of the RSA may, on the date specified in the order, file a request for a review with the Transportation Appeal Tribunal of Canada (Tribunal).
If you intend to request a review of this Order, you must file a request in writing with the Tribunal, which must be postmarked no later than July 20, 2022. Requests for review must be filed with:
The Registrar
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, Room 1201
Ottawa, ON
K1A 0N5
http://www.tatc.gc.ca
Pursuant to section 32.3 of the RSA, an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister of Transport under subsection 32.1(5) or 32.2.(3) of the RSA.
Michael DeJong
Director General, Rail Safety